An Analysis Of The Gender Differences Of Judges And The Trial Style Of Female Judges

In the current judicial team in our country,although the number of female judges among legal professionals is on a growing trend,it still does not exceed that of male judges.This is because men and women have mutually exclusive gender temperaments and the masculinity fits with the judge’s profession to a certain extent,giving rise to the formation of an occupation-sex stereotype,which is the gender barrier of the judge profession.The original explanation of the above phenomenon was related to the theory of "biological determinism"."Biological determinism" believes that due to women’s poor visual space ability,the characteristics of female thinking tend to be irrational,which is contrary to rational legal thinking.Secondly,according to the relevant theories on the nature of law,the current mainstream thinking believes that “the characteristics of law are more rational than perceptual”,so these theories are the “culprits” that exclude women from the law,especially rational justice.The syllogism theory builds the judge’s application of law and the adjudication process in a system based on rigorous logical thinking,which strengthens the position of logical thinking in the judicial process and weakens the judge’s own experience,emotions and other perceptual factors of the role in the application of law.In addition,the traditional gender theory also "gave the flames" to the phenomenon of "judge career stereotype" and "female and judge career separation".It emphasizes that the gender temperament and gender roles of men and women are constructed in the process of social,economic and cultural development.Obviously,the concept of gender in today’s society is still largely influenced by traditional social concepts,and social gender is gradually formed with the development of social economy and culture.The construction of gender temperament and gender role of men and women is the result of this process.But in fact,here is no definite conclusion about whether women are biased towards sensitivity,and legal reasoning is not strictly rational reasoning.Studies have shown that women’s thinking,with their unique keenness and experience,gallops freely in the space and time of legal reasoning,and plays a crucial role in it.The role of male thinking is irreplaceable,and the application of law and the handling of cases should always occur in the blend of rationality and sensibility.Therefore,even if women’s thinking is perceptual,it does not conflict with legal thinking itself.It can even make up for the lack of rational thinking to a certain extent.In other words,women are also the creators and supporters of the law.Therefore,it is an important issue that needs to be solved urgently to discover and give full play to the advantages and values of female judges,to truly incorporate women’s perspective in the judicial process,and to achieve the integration of women and the legal profession.Based on the discussion of the above-mentioned theories and the sorting and excavation of the actual survey results,it also shows that the influence of gender differences is not as great as our cognition.The main research purpose of the article is to explain the current status of the separation of women from the legal profession and the masculine construction process of legal thinking,and to analyze the basic structure and characteristics of female judges in China based on data mining,questionnaire surveys,and in-depth interviews.An objective and in-depth analysis of gender differences and advantages has provided objective empirical support for understanding and grasping Chinese female judges.At the same time,Fritz Heider’s "balance theory model(POX model)" is introduced to study the judgment style of female judges.On the basis of assumptions,the model deeply analyzes the role and value of female judges in individual cases,and from this,draws attention to the problems and solutions that the court should pay attention to in the process of allocating cases.This is also one of the innovations of this research.This achievement provides theoretical guidance for further exploring and grasping the status,influence and role of current female judges in China’s judicial trial process.At the same time,it also provides a positive development direction for the court to rationally allocate cases and give full play to the respective advantages of male and female judges in judicial practice.